Scanlan v. Cobb

Citations

• 85 Ill. 296

Syllabus

<p>1. Lunatic—conveyance—’terms on which it will be set aside. Where a conveyance of land is set aside in equity on the ground of the insanity or lunacy of the grantor, and an account taken, the grantee, having purchased in good faith, without any knowledge of the alleged insanity, will he entitled to be reimbursed that which he has paid on the same.</p> <p>2. Where a purchase from an insane person is made, and a conveyance obtained in good faith, for a sufficient consideration, without knowledge of the insanity, the consideration must be returned before the conveyance can be avoided.</p> <p>3. Where a person, apparently of sound mind, and not known by the other party to be otherwise, enters into a contract which is fair and bona fide, and which is executed and completed, and the property which is the subject matter of the contract can not be restored so as to put the parties in statu quo, courts have held that such contract can not be set aside either by the alleged lunatic or those who represent him.</p> <p>4. Parties in chancery—bill to avoid deed for insanity. Where a conveyance of land is sought to be set aside for insanity in the grantor, and also a deed of trust given by the grantee to secure the payment of money, the person whose debt is thus secured, as well as the trustee, is an indispensable party to the suit.</p>